[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3901 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3901

  To amend title XVIII of the Social Security Act to provide certain 
    Medicare beneficiaries living abroad a special Medicare part B 
 enrollment period during which the late enrollment penalty is waived 
     and a special Medigap open enrollment period during which no 
                       underwriting is permitted.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to provide certain 
    Medicare beneficiaries living abroad a special Medicare part B 
 enrollment period during which the late enrollment penalty is waived 
     and a special Medigap open enrollment period during which no 
                       underwriting is permitted.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International U.S. Seniors Act of 
2005''.

SEC. 2. MEDICARE PART B SPECIAL ENROLLMENT PERIOD AND WAIVER OF PART B 
              LATE ENROLLMENT PENALTY AND MEDIGAP SPECIAL OPEN 
              ENROLLMENT PERIOD FOR CERTAIN INDIVIDUALS RESIDING 
              ABROAD.

    (a) Medicare Part B Special Enrollment Period; Waiver of Part B 
Penalty for Late Enrollment.--
            (1) In general.--In the case of any eligible individual (as 
        defined in subsection (c)(1)), the Secretary of Health and 
        Human Services shall provide for a special enrollment period 
        during which the individual may enroll under part B of title 
        XVIII of the Social Security Act. Such period shall be for a 
        period of 8 months and shall begin with the first month that 
        begins on or after the date the eligible individual first 
        resides in the United States after the time described in 
        subsection (c)(1)(B).
            (2) Coverage period.--In the case of an eligible individual 
        who enrolls during the special enrollment period provided under 
        paragraph (1), the coverage period under part B of title XVIII 
        of the Social Security Act shall begin on the first day of the 
        month following the month in which the individual enrolls.
            (3) Waiver of part b late enrollment penalty.--In the case 
        of an eligible individual who enrolls during the special 
        enrollment period provided under paragraph (1), there shall be 
        no increase pursuant to section 1839(b) of the Social Security 
        Act (42 U.S.C. 1395r(b)) in the monthly premium under part B of 
        title XVIII of such Act.
    (b) Medigap Special Open Enrollment Period.--Notwithstanding any 
other provision of law, an issuer of a medicare supplemental policy (as 
defined in section 1882(g) of the Social Security Act (42 U.S.C. 
1395ss(g))--
            (1) may not deny or condition the issuance or effectiveness 
        of a medicare supplemental policy; and
            (2) may not discriminate in the pricing of the policy on 
        the basis of the individual's health status, medical condition 
        (including both physical and mental illnesses), claims 
        experience, receipt of health care, medical history, genetic 
        information, evidence of insurability (including conditions 
        arising out of acts of domestic violence), or disability;
in the case of an eligible individual who seeks to enroll during the 6-
month period described in subsection (a)(1).
    (c) Definitions.--In this section:
            (1) Eligible individual.--The term ``eligible individual'' 
        means an individual--
                    (A) who, as of the date of the enactment of this 
                Act, has attained 65 years of age and was eligible to 
                enroll under part B of title XVIII of the Social 
                Security Act, and
                    (B) who at the time the individual first satisfied 
                paragraph (1) or (2) of section 1836 of the Social 
                Security Act (42 U.S.C. 1395o)--
                            (i) was not residing in a State (as 
                        determined by the Secretary of Health and Human 
                        Services for purposes of such section 1836), 
                        and
                            (ii) did not elect to enroll (or to be 
                        deemed enrolled) under section 1837 of the 
                        Social Security Act (42 U.S.C. 1395p) during 
                        the individual's initial enrollment period.
            (2) State.--The term ``State'' has the meaning given that 
        term in section 410(5) of the Social Security Act (42 U.S.C. 
        610(5)), and includes the Commonwealth of the Northern Marianas 
        and the Trust Territory of the Pacific Islands.

SEC. 3. SENSE OF THE CONGRESS ON THE NEED FOR AN INTERNATIONAL 
              CONVENTION FOR REIMBURSEMENT OF THE COSTS OF HEALTH CARE 
              COVERAGE FOR FOREIGN SENIOR CITIZENS.

    It is the sense of the Congress that the United States should enter 
into an international convention with respect to individuals aged 65 or 
older who live abroad under which the nation of which the individual is 
a citizen agrees to reimburse another nation in which the individual 
lawfully resides for the costs of health care furnished to the 
individual while residing in that nation.
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